European Union Bill

Session 2010 - 12
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Other Bills before Parliament

European Union Bill

LORDS amendments to the
European Union Bill
[The page and line references are to HL Bill 55, the bill as first printed for the Lords.]
Clause 1
1
Page 2, line 4, leave out from “Crown” to end of line 6 and insert—

“(a)
voting in favour of the decision in the European Council or the

Council, or

(b)
allowing the decision to be adopted by consensus or unanimity by

the European Council or the Council.”
Clause 2
2
Page 2, line 18, after “treaty” insert “also”
3
Page 2, line 22, at end insert “, and

(d)
the Electoral Commission have issued a certificate stating whether

or not it appears to them that more than 40 per cent of the persons

entitled to vote in the referendum have voted in it.

( )
If the certificate issued under subsection (2)(d) states that more than 40 per

cent of the persons entitled to vote in the referendum have voted in it, the

treaty may be ratified.

( )
If the certificate issued under subsection (2)(d) states that fewer than 40 per

cent of the persons entitled to vote in the referendum have voted in it, the

treaty may not be ratified unless—

(a)
in each House of Parliament a Minister of the Crown has moved a

motion that the House approves Her Majesty’s Government’s

intention to ratify the treaty, and

(b)
each House has agreed to the motion without amendment.”
Clause 3
4
Page 2, line 38, after “decision” insert “also”
5
Page 2, line 42, at end insert “, and

Bill 209 55/1

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(d)
the Electoral Commission have issued a certificate stating whether

or not it appears to them that more than 40 per cent of the persons

entitled to vote in the referendum have voted in it.

( )
If the certificate issued under subsection (2)(d) states that more than 40 per

cent of the persons entitled to vote in the referendum have voted in it, the

decision may be approved.

( )
If the certificate issued under subsection (2)(d) states that fewer than 40 per

cent of the persons entitled to vote in the referendum have voted in it, the

decision may not be approved unless—

(a)
in each House of Parliament a Minister of the Crown has moved a

motion that the House approves Her Majesty’s Government’s

intention to approve the decision, and

(b)
each House has agreed to the motion without amendment.”
Clause 6
6
Page 4, line 34, leave out from “Parliament” to end of line 35
7
Page 4, line 38, after “defence” insert “that permits a single, integrated military

force”
8
Page 4, line 41, at end insert—

“( )
Where the European Council has recommended to the member States the

adoption of a decision under Article 42(2) of TEU in relation to a common

EU defence which is not covered by subsection (2), a Minister of the Crown

may not notify the European Council that the decision is adopted by the

United Kingdom unless the decision is approved by Act of Parliament.”
9
Page 5, line 4, leave out from “Parliament” to end of line 5
10
Page 5, line 5, at end insert—

“( )
A Minister of the Crown may not vote in favour of or otherwise permit a

decision under Article 140(3) of TFEU which would make the euro the

currency of the United Kingdom unless—

(a)
the draft decision is approved by Act of Parliament, and

(b)
the referendum condition is met.”
11
Page 5, line 5, at end insert—

“(3A)
A Minister of the Crown may not vote in favour of or otherwise permit a

decision under Article 4 of the Schengen Protocol that removes any border

control of the United Kingdom unless—

(a)
the draft decision is approved by Act of Parliament, and

(b)
the referendum condition is met.

(3B)
In subsection (3A) “the Schengen Protocol” means the Protocol (No. 19) on

the Schengen acquis integrated into the framework of the European Union,

annexed to TEU and TFEU.”
12
Page 5, line 22, leave out paragraph (e)
13
Page 5, leave out lines 45 to 49

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Clause 18
14
Leave out Clause 18 and insert the following new Clause—


“Status of EU law dependent on continuing statutory basis

By virtue of the European Communities Act 1972 directly applicable or

directly effective EU law (that is, the rights, powers, liabilities, obligations,

restrictions, remedies and procedures referred to in section 2(1) of the

European Communities Act 1972) falls to be recognised and available in

law in the United Kingdom.”
After Clause 21
15
Insert the following new Clause—

“Duration of Part 1 and Schedule 1

(1)
Part 1 and Schedule 1 shall expire on the day on which the Parliament in

which this Act is passed dissolves.

(2)
In subsequent Parliaments, the Secretary of State may by order provide that

Part 1 and Schedule 1 shall be deemed to have been revived from the

beginning of the Parliament in which the order is made.

(3)
An order under subsection (2) shall provide that Part 1 and Schedule 1 shall

expire on the day on which the Parliament in which the order is made

dissolves.

(4)
An order under subsection (2)—

(a)
must be made by statutory instrument, and

(b)
may not be made unless a draft has been laid before and approved

by a resolution of each House of Parliament.”

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